Kansas Republicans Will Likely Seek Restrictions On Health Care For Transgender Minors

Republicans in Kansas hope to pass restrictions on hormone therapy and gender-affirming surgeries for minors when the Legislature returns to Topeka on Monday, sparking fears among transgender residents for next year.

The action follows attacks on laws in Kansas and Republican-controlled states across the country that would restrict LGBTQ rights.

The bills aim to regulate trans lives, block or restrict access to health care and public housing, and mandate the treatment of trans students in schools. The Kansas state legislature has banned trans athletes from participating in girls' and women's sports, becoming the first in the country to determine gender based on sex at birth.

The athletics law went into effect in August, while parts of the gender definition law are still before the courts. Over the summer, a Shawnee County judge ordered Democratic Gov. Laura Kelly to ban Kansas residents from changing the gender marker on their driver's licenses.

A court hearing is scheduled for next week to determine the direction of driver's license policy. But LGBTQ Kansans are already preparing for another fight as lawmakers return to Topeka.

“They are sending the same message they wanted to send last year, which is that transgender people from Kansas are not welcome, so we have to keep fighting,” said Iridescent Riffle, a trans woman who lives in Lawrence.

Riffel said the intense focus on legislation is destroying communities and putting them at risk of further violence. Rieffel referenced the recent murder of a transgender activist in Maryland. A criminal case was opened over the death.

“This type of hate is normalized and perpetuated by the constant discussion about the existence of trans people,” she said.

After failing to override Kelly's veto of a bill banning hormone therapy and gender reassignment surgery for minors in 2023, senior Republican lawmakers said they plan to return to the issue this year.

“We're trying to recognize that there's no way to move forward,” said Rep. Brenda Landwehr, R-Uchita, chairwoman of the House Health and Human Services Committee.

Landwehr voted against the bill last year, saying the proposal had not been adequately examined before it was voted on.

“I worry about doing things with minors that could have long-term consequences, but I wanted to learn more about the process.”

Landwehr said he is still considering what the bill should look like. He said he wanted to take a close look at the current care rules. A vocal opponent of abortion, she expressed concern that Planned Parenthood, which provides abortions and other reproductive care, is among the providers serving Transkansans.

Brittany Jones, a lobbyist for Kansas Family Voice, a conservative Christian advocacy group, said her organization supports a bill that Kelly would veto. The proposal jeopardizes the licensing of health care providers and opens the door to lawsuits against those providers.

After speaking with House Democrats throughout the summer, Jones said he believes the policy veto will be overridden.

“It’s not an attack on anyone. It’s just about giving the kids time,” he said.

Senate Minority Leader Dinah Sykes, D-Lenexa, said she hopes the dynamics of an election year will keep lawmakers from focusing too much on unpopular social issues in the general election.

But if they don't, Johnson County Kansan and bi-LGBTQ activist Jay Moyer hope voters will punish lawmakers who target anti-LGBTQ laws.

“I hope everyone understands that this is an election and it's about a very narrow majority,” Moyer said. “If lawmakers want to focus on these issues, they hope voters will.”

Republicans have a narrow majority in both chambers. If Democrats win three seats in the Senate and two in the House of Representatives, they will break the supermajority.

Supporters of the restrictions say they serve to prevent children from making life-changing decisions when they are too young to fully consider the consequences.

“Constituents who have contacted me remain deeply concerned,” said Sen. Beverly Gassack, R-Eudora, chairwoman of the Senate Public Health Committee.

Sex reassignment surgeries are relatively rare among minors, and a law was passed last year that would also ban hormone therapy and puberty blockers, which are often counterproductive.

Proponents of the prison say it is important for the well-being of transgender youth who are trying to live authentically. Bans in other states have caused some families with trans children to relocate.

DC Heigert, an attorney with the ACLU of Kansas, said a ban on gender-affirming care would be particularly damaging because the trans community in Kansas is suffering from restrictions enacted last year.

“That means lawmakers — who have no insight into the daily lives of trans-Kansans — can take away life-saving health care,” Heigert said.

LGBTQ activists in Kansas believe they are better equipped to fight harmful policies this year than last. They also hope to advocate for policies that protect LGBTQ people from discrimination.

“It will be a defense, but while we defend, we also educate people so they don't have to vote for things like this,” said Thomas Alonzo, president of Equality. Kansas, the state's leading LGBTQ rights organization.

Over the summer, Equality Kansas worked to educate Kansans about gender nonconforming identities and organize across the state. Rieffel believed such education was essential.

“Right now we have a legislature that is spreading misinformation and lies about the trans community,” Rieffel said. “I hope they find something better to keep in their hearts.”

Chaos – April 27, 2016